Section 87: Cognizance of offences
Reviewed by Finin2min Editorial Desk · Last reviewed 30 August 2026
Section 87 — Governs cognizance of offences and the rights, duties, powers or procedure expressly stated in this section. Key operative text: (1) No court shall take cognizance of any offence punishable under this Code, save on a complaint made by or under the authority of the appropriate Government.
All provisions were brought into force from 21 November 2025 under S.O. 5320(E); use the current India Code consolidation because the Code also reflects the 2026 amendment/transition framework.
Provision / India Code ↗ · Official Act PDF ↗ · 2026 Central Rules ↗
Finin2min analysis — what the section actually does
Operative clauses
- (1) No court shall take cognizance of any offence punishable under this Code, save on a complaint made by or under the authority of the appropriate Government.
- (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no court inferior to that of the Metropolitan Magistrate or Judicial Magistrate of the first class shall try the offences under this Code.
Provisos, explanations & qualifications
- No proviso/explanation was separately extracted from this section text.
Thresholds and timelines in the text
- No explicit day/month/year/hour/percentage/rupee expression was detected in this section text.
Actors expressly appearing in the text
Appropriate Government, Authority / officer
Full statutory text — Section 87
87. Cognizance of offences.—(1) No court shall take cognizance of any offence punishable under
this Code, save on a complaint made by or under the authority of the appropriate Government.
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no
court inferior to that of the Metropolitan Magistrate or Judicial Magistrate of the first class shall try the
offences under this Code.How to apply this provision
- Primary statutory test — (1) No court shall take cognizance of any offence punishable under this Code, save on a complaint made by or under the authority of the appropriate Government.
- Additional operative limb — (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no court inferior to that of the Metropolitan Magistrate or Judicial Magistrate of the first class shall try the offences under this Code.
- Evidence file — retain facts and records proving the role/status of: Appropriate Government, Authority / officer.
Rules, forms and cross-references
Direct 2026 Central Rule mapping
Forms mapped
No prescribed form is directly mapped in the current concordance.
Other sections cited in this text
Related Labour Hub resources
A direct concordance is not exhaustive. Central/State jurisdiction, schemes, authority appointments, saved instruments and later notifications may change the practical route without changing the section wording.
Worked example
When an event triggers cognizance of offences, record the trigger date, competent authority, prescribed rule/form, filing or decision step, service/acknowledgement and final outcome. A statutory point to test is: “(1) No court shall take cognizance of any offence punishable under this Code, save on a complaint made by or under the authority of the appropriate Government.”
Illustration only; it is not statutory text or a substitute for applying the actual facts, jurisdiction, current rule/scheme and official instrument.
Q&A — Section 87
What does Section 87 of the Industrial Relations Code cover?
Section 87 — Governs cognizance of offences and the rights, duties, powers or procedure expressly stated in this section. Key operative text: (1) No court shall take cognizance of any offence punishable under this Code, save on a complaint made by or under the authority of the appropriate Government.
What is the main legal requirement or power in Section 87?
The first operative clause identified from the official text is: “(1) No court shall take cognizance of any offence punishable under this Code, save on a complaint made by or under the authority of the appropriate Government.” Read it with the remaining subsections and any proviso below.
Does Section 87 contain a proviso or explanation?
No standalone proviso or explanation was extracted from this section text. Check the full text below for clause-level qualifications.
What time limit, percentage or amount appears in Section 87?
No explicit day/month/year/hour/percentage/rupee expression was detected in the official section text.
Which 2026 Central Rules are linked to Section 87?
No direct Central Rule is recorded in the current concordance. That does not exclude a relevant scheme, notification, State rule or enabling provision.
Is Section 87 currently operative?
All provisions were brought into force from 21 November 2025 under S.O. 5320(E); use the current India Code consolidation because the Code also reflects the 2026 amendment/transition framework.
Source & verification trail
Act: Industrial Relations Code, 2020 — official India Code PDF ↗
Central Rules: Industrial Relations (Central) Rules, 2026 — G.S.R. 342(E), 8 May 2026 ↗
Official library: Ministry of Labour & Employment — Labour Codes ↗
Source check: 20 August 2026. Individual professional interpretation should be re-reviewed when the section, rules, notification, scheme, State overlay or controlling judgment changes.